Memorandum

City of Lawrence

Planning & Development Services

TO:	Sandra Day
FROM:	David Guntert
CC:	Sheila Stogsdill; Scott McCullough; John Miller
Date:	October 6, 2009
RE:	Calculations for Z-7-11-09 Protest Petition

The protest petition filed in the City Clerk’s Office on October 5, 2009 pertaining to the referenced rezoning request does not have enough signatures of the record owners of property in the required notification area to constitute a valid protest petition.  The property owner notification area covers the parcels lying within 200’ of the zoning request. 

The total area of the real property represented by the nine (9) parcels captured within the required 200 feet notification distance of the property in the zoning request is 304,590.9 square feet (6.99 acres). The protest petition was signed by owners of five (5) parcels, but only three (3) parcels could be counted toward the determination of the petition’s validity.  The total area represented by the three (3) parcels counted in the petition is 24,537.1 square feet (0.56 acres) or approximately 8.01% of the real property within the notification area.  The protest petition is invalid because it does not bear sufficient signatures of owners within the 200 feet notification area to meet or exceed the minimum 20% of the real property required by Code to constitute a valid protest petition. 

Pertaining to the two (2) parcels not counted toward the petition’s validity, one ownership parcel is located beyond the 200 feet notification area; the other parcel is not counted because the petition did not bear the signature of both record owners matching the property ownership list generated by the county. 

The attached map illustrates the properties within the protest area whose owners are protesting this rezoning request. 

The calculations for determining the validity of the petition are shown below:

Total Area of all Parcels w/in 200’

of the Property in the Rezoning Request              6.99 acres

Total Area of Parcels inside the Buffer

Whose Owners are Protesting the

Rezoning Request (3 Parcels)                                      0.56 acres

Percent of Total Parcel Area

in Protest Petition                                            0.56 acres/6.99 acres = 8.01%